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Vocabulary flashcards summarizing essential terms, statutes, procedures, and prohibitions in the New York Notary Public License Law, including traditional and electronic notarization requirements.
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Notary Public
A public officer appointed by the NY Secretary of State to perform notarial acts such as administering oaths, taking affidavits, and certifying acknowledgments.
Commission Term
Length of time a New York notary public holds office: 4 years.
Application Fee
Non-refundable $60 fee submitted with the original notary application (Executive Law §131).
Exam Waiver for Attorneys
New York-admitted attorneys may be commissioned as notaries without taking the notary exam.
County Clerk Role
Keeps the notary’s commission, oath, and signature on file; may certify a notary’s official character.
Certificate of Official Character
Document issued by Secretary of State or county clerk attesting to a notary’s authority and signature (Executive Law §132).
Out-of-State Attorney Notaries
Attorneys living outside NY but maintaining a NY law office are deemed residents of the county where the office is located.
Executive Law §130
Statute governing appointment, qualifications, and removal of New York notaries public.
Executive Law §131
Details procedure of appointment, fees, issuance of commissions, and reappointment for notaries.
Executive Law §135
Lists the general powers and duties of notaries public in New York.
Electronic Notarial Act
A notarial act performed on an electronic record using authorized audio-video communication technology (Executive Law §135-c).
Electronic Notary Registration Fee
$60 non-refundable fee to register the capability to perform electronic notarizations (19 NYCRR §182.11).
Notarial Fee – Traditional
$2 for administering an oath or taking an acknowledgment/proof per person (Executive Law §136).
Notarial Fee – Electronic
Up to $25 per electronic notarial act, set by regulation (Executive Law §136; 19 NYCRR §182.11).
Statement of Authority
Requirement that notaries print/stamp their name, "Notary Public, State of New York," county of qualification, and commission expiration beneath their signature (Executive Law §137).
Personal Appearance Rule
Signer must physically or electronically appear before the notary; remote acknowledgments without appearance are illegal.
Unauthorized Practice of Law
Notary may not give legal advice, draft legal documents, or advertise powers beyond those granted (Judiciary Law §484).
Advertising Restriction
Non-attorney notaries advertising in a foreign language must include the disclaimer: "I am not an attorney licensed to practice law…" (Executive Law §135-b).
Removal or Suspension
Secretary of State may suspend or remove a notary for misconduct after notice and an opportunity to be heard (Executive Law §130).
Disqualification for Interest
A notary who is a party to or beneficially interested in a transaction cannot notarize that instrument.
Acknowledgment
Declaratory act by a document signer before a notary that the execution is voluntary; also the notary’s certificate of that act.
Affidavit
A voluntary written statement sworn before a notary or authorized officer.
Jurat
The notary certificate stating that an affidavit was sworn to before the notary on a given date.
Oath
A verbal pledge invoking a supreme being that the statements made are true.
Affirmation
A solemn declaration made by persons who conscientiously decline taking an oath; legally equivalent to an oath.
Apostille
Department of State authentication attached to a notarized and county-certified document for international use.
Attestation Clause
Section, often in wills, where witnesses certify execution; notaries generally do not notarize wills.
Authentication (Notarial)
County clerk’s certificate verifying a notary’s authority and signature (Executive Law §133).
Certified Copy (Limit)
New York notaries are NOT authorized to certify copies of public records or legal documents.
Notary Seal
Seal use is optional in NY; if used, it must identify the notary and the words "Notary Public, State of New York."
Signature Requirements
Notary must sign exactly the name under which commissioned and add required printed/stamped information (Executive Law §137).
Venue
The state and county where the notarial act is performed; must appear on every jurat or acknowledgment.
Schedule of Fees
List of statutory charges for notarial acts, including $2 per oath/acknowledgment and 75¢ for protest of a note.
Electronic Notary
A commissioned notary who has registered with the Secretary of State to perform electronic notarial acts (19 NYCRR §182.2).
Satisfactory Evidence of Identity
Proof such as current government ID, personal knowledge, or credible witness required before notarization (19 NYCRR §182.5).
Credential Analysis
Third-party automated review confirming validity of a signer’s ID for electronic notarization (19 NYCRR §182.6).
Identity Proofing
Process that verifies a remote signer’s identity to NIST Identity Assurance Level 2 or higher (19 NYCRR §182.7).
Communication Technology
Audio-video system allowing simultaneous, secure sight and sound for remote notarization (Executive Law §135-c).
Recordkeeping Period
Notaries must keep required records and any audio-video recordings for at least 10 years (19 NYCRR §182.9).
Forgery in the Second Degree
Knowingly making a false notarial certificate is a Class D felony (Penal Law §170.10).
Issuing a False Certificate
Public servant issuing a false official certificate commits a Class E felony (Penal Law §175.40).
Official Misconduct
Unauthorized act or willful neglect of duty by a public servant; Class A misdemeanor (Penal Law §195.00).
Duty to Officiate
A notary who refuses a lawful request for an oath or acknowledgment may be guilty of a misdemeanor.
Prohibited Marriage Acts
Notaries have no authority to solemnize marriages or notarize marriage contracts (Domestic Relations Law §11).
Safe Deposit Box Opening
Bank may open an overdue box in presence of a notary, who files a sealed inventory (Banking Law §335).
Deposition Authority
Notaries may take depositions in civil proceedings under CPLR Rule 3113.
Sunday Restriction
Oaths and acknowledgments may be taken on Sunday, but civil depositions may not.
Proof by Subscribing Witness
Witness states residence and knowledge of signer; allowed when signer cannot appear (Real Property Law §304).
Uniform Certificate Form §309-a
Standard wording for acknowledgments taken within New York State.
Uniform Certificate Form §309-b
Standard wording for acknowledgments taken outside New York for NY real-estate documents.
Notarial Act (List)
Includes administering oaths, taking acknowledgments, certifying proofs, protesting negotiable instruments, and electronic notarial acts.
Change of Address Notice
Notary must notify the Secretary of State within 5 days of any name, address, or email change.
Credential Service Provider
Trusted third party that issues or validates electronic credentials used in identity proofing.
Personal Knowledge
When a notary can identify a signer based on familiarity; counts as satisfactory evidence of identity.
Right to Refuse
Notary may refuse a notarization if the signer lacks capacity or if requirements of law are not met.
Protest
Notary’s written statement that a negotiable instrument was presented for payment/acceptance and refused.
Seal Usage Fee
When requested, a notary must affix any existing seal to a protest free of charge (Executive Law §135).
Facsimile County-Clerk Seal
County clerk signatures and seals on notary authentications may be facsimile, stamped, or engraved (Executive Law §134).
Attest vs. Acknowledge
Attest means witnessing execution; acknowledgment is the signer’s declaration before a notary.
Subordination Clause
Provision allowing a later mortgage to take priority over an earlier one.
Lien
Legal claim on property to secure payment of a debt; can affect notarized conveyances.
Escrow
Deposit of an instrument with a third party to be delivered upon occurrence of a condition.
Apostille Purpose
Facilitates international recognition of a notarized document among Hague Convention countries.